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Hahn v. Bergen Regional Medical Center

May 30, 2008

PHILIP HAHN, PLAINTIFF-APPELLANT,
v.
BERGEN REGIONAL MEDICAL CENTER, DEFENDANT-RESPONDENT.



On appeal from Superior Court of New Jersey, Law Division, Bergen County, Docket No. L-148-07.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted May 12, 2008

Before Judges Graves and Sabatino.

Plaintiff Philip Hahn appeals from an order dated August 3, 2007, granting summary judgment in favor of defendant, Bergen Regional Medical Center. We affirm.

In his complaint, plaintiff alleged he was "wrongfully diagnosed and admitted" to a medical program at Bergen Regional Medical Center on May 23, 2005. And during oral argument on August 3, 2007, plaintiff advised the trial court as follows:

I was taken to the emergency room at Bergen Regional Medical Center on the 14th of April. Screened and admitted for a three-week program at which point I was released and it was recommended that I go into a day program. And the complaint that you have before you, [Docket No. L-148-07], regards that treatment.

Now, from the time I was picked up by the police until the time I was discharged and it recommended that I go into the day treatment program, I was never given an opportunity to address . . . the reasons for my commitment . . . .

And I think that . . . it was just . . . the hospital reached the wrong conclusions. I mean . . . there are things in the records that are clearly wrong, you know, things like I was sending letters to my neighbors. This is clearly wrong, . . . there's things in my records that say things like I can't handle money. I mean . . . items were simply checked off by the admitting staff without asking me any questions whatsoever.

So, definitely from a good faith point of view . . . the hospital staff . . . can't be granted immunity.

Nevertheless, the court ruled that defendant was entitled to immunity under N.J.S.A. 30:4-27.7(a) as a matter of law. On appeal, plaintiff makes the following arguments in his pro se brief:

POINT I

COMMENT ON DEFENDANT'S ORIGINAL BRIEF IN SUPPORT OF MOTION FOR ...


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